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5 California opinions name it 2 courts 1984–2012 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hillsboro National Bank v. Commissionergreen2 sentences2012Then, two days into the next taxable year, respondent liquidated and distributed its assets, including the cattle feed, to its shareholders. ( 460 U.S. at p. 374 .) “Relying on [Internal Revenue Code section] 336, which shields [a] corporation from the recognition of gain on the distribution of property to its shareholders on liquidation, [respondent] reported no income on the transaction.” (460 U.S. at pp. 374-375, fn. omitted.) The United States Supreme Court determined that the tax benefit rule, which requires the inclusion of income when events occur that are fundamentally inconsistent wit 2012Then, two days into the next taxable year, respondent liquidated and distributed its assets, including the cattle feed, to its shareholders. ( 460 U.S. at p. 374 .) “Relying on [Internal Revenue Code section] 336, which shields [a] corporation from the recognition of gain on the distribution of property to its shareholders on liquidation, [respondent] reported no income on the transaction.” (460 U.S. at pp. 374-375, fn. omitted.) The United States Supreme Court determined that the tax benefit rule, which requires the inclusion of income when events occur that are fundamentally inconsistent wit | 2 | 3 |
Burgess v. Premier Corp.green2 sentences1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier 1984In his supplemental letter of August 8, 1984, however, Grynberg candidly acknowledges that Austin has been disapproved in the recent decision of Burgess v. Premier Corp. (9th Cir. 1984) 727 F.2d 826, 838 , which reasoned that the suggested offset allowance would result in “the government bearing the cost of defendants’ fraud. . . [concluding] that the economic benefit by way of tax deductions is illusory because amended returns will have to be filed under the tax benefit rule. [Citation.]” (See also Cereal Byproducts Company v. Hall (1958) 16 Ill.App.2d 79 [ 147 N.E.2d 383, 384 ] affd., 15 Ill | 1 | 2 |
Cereal Byproducts Co. v. Hallgreen2 sentences1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier 1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier | 1 | 2 |
Calhoun v. Franchise Tax Boardgreen2 sentences2003(E.g., Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 884 [ 143 Cal.Rptr. 692 , 574 P.2d 763 ]; Spurgeon v. Franchise Tax Board (1984) 160 Cal.App.3d 524, 530 [ 206 Cal.Rptr. 636 ] [federal interpretation of definition of “income” persuasive].) 2 Because the Board concedes the merits of McKnight’s position on the contested liability doctrine, we need not address whether a second doctrine, the tax benefit doctrine, also shielded McKnight from additional taxation. 3 All further statutory references are to the Revenue and Taxation Code unless otherwise indicated. 4 Preston involved an identic 2003(E.g., Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 884 [ 143 Cal.Rptr. 692 , 574 P.2d 763 ]; Spurgeon v. Franchise Tax Board (1984) 160 Cal.App.3d 524, 530 [ 206 Cal.Rptr. 636 ] [federal interpretation of definition of “income” persuasive].) 2 Because the Board concedes the merits of McKnight’s position on the contested liability doctrine, we need not address whether a second doctrine, the tax benefit doctrine, also shielded McKnight from additional taxation. 3 All further statutory references are to the Revenue and Taxation Code unless otherwise indicated. 4 Preston involved an identic | 1 | 1 |
Spurgeon v. Franchise Tax Boardgreen2 sentences2003(E.g., Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 884 [ 143 Cal.Rptr. 692 , 574 P.2d 763 ]; Spurgeon v. Franchise Tax Board (1984) 160 Cal.App.3d 524, 530 [ 206 Cal.Rptr. 636 ] [federal interpretation of definition of “income” persuasive].) 2 Because the Board concedes the merits of McKnight’s position on the contested liability doctrine, we need not address whether a second doctrine, the tax benefit doctrine, also shielded McKnight from additional taxation. 3 All further statutory references are to the Revenue and Taxation Code unless otherwise indicated. 4 Preston involved an identic 2003(E.g., Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 884 [ 143 Cal.Rptr. 692 , 574 P.2d 763 ]; Spurgeon v. Franchise Tax Board (1984) 160 Cal.App.3d 524, 530 [ 206 Cal.Rptr. 636 ] [federal interpretation of definition of “income” persuasive].) 2 Because the Board concedes the merits of McKnight’s position on the contested liability doctrine, we need not address whether a second doctrine, the tax benefit doctrine, also shielded McKnight from additional taxation. 3 All further statutory references are to the Revenue and Taxation Code unless otherwise indicated. 4 Preston involved an identic | 1 | 1 |
Arques v. National Superior Co.green2 sentences1990(Russell v. French & Associates, Inc. (Tex.Ct.App. 1986) 709 S.W.2d 312, 315 [a tax benefit received in a previous year on an interest in oil, gas, geothermal, or other mineral properties will be cancelled out by an adjustment required by 26 U.S.C.A. § 1254 if the contract for the purchase of those properties is rescinded].) 9 26 United States Code Annotated, section 111 states in relevant part: 10 (See ante, pp. 1539-1540; Arques v. National Superior Co. (1945) 67 Cal.App.2d 763, 779 [ 155 P.2d 643 ] [“In an action for a breach of contract, the fact that the amount of damage may not be suscep 1990(Russell v. French & Associates, Inc. (Tex.Ct.App. 1986) 709 S.W.2d 312, 315 [a tax benefit received in a previous year on an interest in oil, gas, geothermal, or other mineral properties will be cancelled out by an adjustment required by 26 U.S.C.A. § 1254 if the contract for the purchase of those properties is rescinded].) 9 26 United States Code Annotated, section 111 states in relevant part: 10 (See ante, pp. 1539-1540; Arques v. National Superior Co. (1945) 67 Cal.App.2d 763, 779 [ 155 P.2d 643 ] [“In an action for a breach of contract, the fact that the amount of damage may not be suscep | 1 | 1 |
Russell v. French & Associates, Inc.green1 sentence1990(Russell v. French & Associates, Inc. (Tex.Ct.App. 1986) 709 S.W.2d 312, 315 [a tax benefit received in a previous year on an interest in oil, gas, geothermal, or other mineral properties will be cancelled out by an adjustment required by 26 U.S.C.A. § 1254 if the contract for the purchase of those properties is rescinded].) 9 26 United States Code Annotated, section 111 states in relevant part: 10 (See ante, pp. 1539-1540; Arques v. National Superior Co. (1945) 67 Cal.App.2d 763, 779 [ 155 P.2d 643 ] [“In an action for a breach of contract, the fact that the amount of damage may not be suscep | 1 | 1 |
Randall v. Loftsgaardengreen2 sentences1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier 1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier | 1 | 1 |
Henninger v. Southern Pacific Co.green1 sentence1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben | 1 | 1 |
Canavin v. Pacific Southwest Airlinesgreen2 sentences1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben 1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben | 1 | 1 |
Rodriguez v. McDonnell Douglas Corp.green2 sentences1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben 1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben | 1 | 1 |
Tilem v. City of Los Angelesgreen2 sentences1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben 1984(Cf. Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 665-668 [ 151 Cal.Rptr. 399 ] [income tax consequence of lost income in personal injury action irrelevant]; Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, 522-523 [ 196 Cal.Rptr. 82 ] [same]; City of Los Angeles v. Tilem *1140 (1983) 142 Cal.App.3d 694, 707-708 [ 191 Cal.Rptr. 229 ] [tax benefits to property owner from inverse condemnation award irrelevant]; Henninger v. Southern Pacific Co. (1967) 250 Cal.App.2d 872, 878-879 [tax exemption of personal injury award irrelevant].) 8 We conclude that the tax ben | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alice Phelan Sullivan Corporation, a California Corporation v. The United States
green
2 sentences1990The cases taking this position fail to recognize that the tax benefit rule achieves only a rough facsimile of the actual financial effects of deductions allowed in subsequent years.” (Hayden v. McDonald, supra, 742 F.2d 423 , 440.) The Hayden court’s view that the tax benefit rule yields only a “rough facsimile” is an accurate characterization because in Alice Phelan Sullivan Corporation v. United States (1967) 180 Ct.Cl. 659 [ 381 F.2d 399 ], the Court of Claims held “. . . the taxpayer must include in its income for the year of recovery the full amounts earlier deducted and must pay tax at t 1990The cases taking this position fail to recognize that the tax benefit rule achieves only a rough facsimile of the actual financial effects of deductions allowed in subsequent years.” (Hayden v. McDonald, supra, 742 F.2d 423 , 440.) The Hayden court’s view that the tax benefit rule yields only a “rough facsimile” is an accurate characterization because in Alice Phelan Sullivan Corporation v. United States (1967) 180 Ct.Cl. 659 [ 381 F.2d 399 ], the Court of Claims held “. . . the taxpayer must include in its income for the year of recovery the full amounts earlier deducted and must pay tax at t | 1 | 1990–1990 |
Hayden v. McDonald
green
2 sentences1990The cases taking this position fail to recognize that the tax benefit rule achieves only a rough facsimile of the actual financial effects of deductions allowed in subsequent years.” (Hayden v. McDonald, supra, 742 F.2d 423 , 440.) The Hayden court’s view that the tax benefit rule yields only a “rough facsimile” is an accurate characterization because in Alice Phelan Sullivan Corporation v. United States (1967) 180 Ct.Cl. 659 [ 381 F.2d 399 ], the Court of Claims held “. . . the taxpayer must include in its income for the year of recovery the full amounts earlier deducted and must pay tax at t 1990The cases taking this position fail to recognize that the tax benefit rule achieves only a rough facsimile of the actual financial effects of deductions allowed in subsequent years.” (Hayden v. McDonald, supra, 742 F.2d 423 , 440.) The Hayden court’s view that the tax benefit rule yields only a “rough facsimile” is an accurate characterization because in Alice Phelan Sullivan Corporation v. United States (1967) 180 Ct.Cl. 659 [ 381 F.2d 399 ], the Court of Claims held “. . . the taxpayer must include in its income for the year of recovery the full amounts earlier deducted and must pay tax at t | 1 | 1990–1990 |
Long Beach Drug Co. v. United Drug Co.
green
2 sentences1990(Russell v. French & Associates, Inc. (Tex.Ct.App. 1986) 709 S.W.2d 312, 315 [a tax benefit received in a previous year on an interest in oil, gas, geothermal, or other mineral properties will be cancelled out by an adjustment required by 26 U.S.C.A. § 1254 if the contract for the purchase of those properties is rescinded].) 9 26 United States Code Annotated, section 111 states in relevant part: 10 (See ante, pp. 1539-1540; Arques v. National Superior Co. (1945) 67 Cal.App.2d 763, 779 [ 155 P.2d 643 ] [“In an action for a breach of contract, the fact that the amount of damage may not be suscep 1990(Russell v. French & Associates, Inc. (Tex.Ct.App. 1986) 709 S.W.2d 312, 315 [a tax benefit received in a previous year on an interest in oil, gas, geothermal, or other mineral properties will be cancelled out by an adjustment required by 26 U.S.C.A. § 1254 if the contract for the purchase of those properties is rescinded].) 9 26 United States Code Annotated, section 111 states in relevant part: 10 (See ante, pp. 1539-1540; Arques v. National Superior Co. (1945) 67 Cal.App.2d 763, 779 [ 155 P.2d 643 ] [“In an action for a breach of contract, the fact that the amount of damage may not be suscep | 1 | 1990–1990 |
Danzig v. Jack Grynberg & Associates
green
2 sentences1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier 1990If-(A) a credit was allowable with respect to any amount for any prior taxable year, and (B) during the taxable year there is a downward price adjustment or similar adjustment, the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.” *1542 In Danzig, supra, 161 Cal.App.3d 1128 , the First District cited the tax benefit rule as its rationale for ruling evidence of tax consequences is irrelevant to the setting of damages in fraud restitution actions. ( Danzig, supra, 161 Cal.App.3d 1128, 1139 ; accord Burgess v. Premier | 1 | 1990–1990 |
Cereal Byproducts Co. v. Hall
green
2 sentences1984In his supplemental letter of August 8, 1984, however, Grynberg candidly acknowledges that Austin has been disapproved in the recent decision of Burgess v. Premier Corp. (9th Cir. 1984) 727 F.2d 826, 838 , which reasoned that the suggested offset allowance would result in “the government bearing the cost of defendants’ fraud. . . [concluding] that the economic benefit by way of tax deductions is illusory because amended returns will have to be filed under the tax benefit rule. [Citation.]” (See also Cereal Byproducts Company v. Hall (1958) 16 Ill.App.2d 79 [ 147 N.E.2d 383, 384 ] affd., 15 Ill 1984In his supplemental letter of August 8, 1984, however, Grynberg candidly acknowledges that Austin has been disapproved in the recent decision of Burgess v. Premier Corp. (9th Cir. 1984) 727 F.2d 826, 838 , which reasoned that the suggested offset allowance would result in “the government bearing the cost of defendants’ fraud. . . [concluding] that the economic benefit by way of tax deductions is illusory because amended returns will have to be filed under the tax benefit rule. [Citation.]” (See also Cereal Byproducts Company v. Hall (1958) 16 Ill.App.2d 79 [ 147 N.E.2d 383, 384 ] affd., 15 Ill | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.